Articles

Articles

Practical writing on tax disputes, audits, appeals, collections, and tax planning.

  • Court Addresses Tax Losses from Short-Term Rentals

    Short-term rental properties are more popular than ever. Online services like Airbnb have made this possible. But how are tax losses from short-term rentals handled? Can the taxpayer use the rental losses to offset their non-rental income for tax purposes?…  Read →

  • The Importance of Accounting for C Corporation Expenses

    It is important to keep accurate books and records. Accurate books and records can result in significant tax savings. This is particularly true for entrepreneurs who own more than one business. When one or more of these businesses are taxed…  Read →

  • Does the IRS Have the Burden to Prove Constructive Dividends?

    When a C corporation pays expenses for its shareholder, the payment can be subject to income tax for the shareholder as a constructive dividend. One defense is that the expenses for the C corporation were legitimate. Does the taxpayer have…  Read →

  • Is a Taxpayer Liable for Interest if the IRS Delays an Audit?

    Can the IRS fail to audit a taxpayer for several years and then, once it actually opens the audit, drag its feet for years and then charge the taxpayer interest retroactively back to the date the tax return was filed?…  Read →

  • Reasonable Cause: Proving Reliance on a Tax Advisor

    If you hire a competent tax advisor and end up having a late filed return, you may be able to avoid penalties for the late filing. But this is a defense. It is something that you, the taxpayer, have to…  Read →

  • Is Reliance on a CPA Sufficient for a Late Filed Tax Form?

    The IRS often turns a deaf ear to taxpayers who miss a filing deadline due to some action or inaction by their CPA or tax preparer. This is the case for late filing tax penalties. But what about a late…  Read →

  • Taxpayer Cannot Recoup Attorney Travel Costs

    If the IRS wrongfully denies your refund claim and you are successful in litigating the matter in court, you are entitled to recoup some of your court costs. But what about the taxpayer’s tax attorney’s travel costs? And what if…  Read →

  • Cashing a Tax Refund Check for a False Return is a Crime

    Cashing a tax refund check that was triggered by filing a false tax return is a crime. It is theft of government money. Theft of government money is different than tax evasion. The recent United States v. Box, No. 18-13935…  Read →

  • CPA Penalized for Knowledge of Understatement

    Sec. 6701 imposes a penalty for assisting another person in understating their tax liability. The Sec. 6701 penalty is not subject to a statute of limitations. The IRS can assess these penalties at any time, even years and decades after…  Read →

  • Reporting Debt Discharged in a Court Settlement to the IRS

    There are some circumstances where information has to be reported to the IRS, even though the information does not trigger a tax. But the potential problem can be that the information reporting triggers an IRS audit or other consequences. The…  Read →

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